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(영문) 서울남부지방법원 2014.02.17 2013고단304
특수절도
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, along with C and his earlycar D (the 12 years of age), laid off a boom in a store located in the shopping center where people boom booms enter the shopping center, and laid off things in the place where the surveillance of the employees was neglected, and boomed.

1. The Defendant, C, and D around October 29, 2012, around 19:30, in the “G” store of the victim F operation on the first floor of the building underground in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant and D together reported the network, and C, in advance, had one bruptization, which is approximately KRW 105,000, the market price of the victim’s ownership, around the first floor of the building underground in Yeongdeungpo-gu Seoul Metropolitan Government.

2. At around 20:00 on October 29, 2012, the Defendant, C, and D: (a) opened “I” stores of the victim H on the first floor of the building under the above E building; (b) the Defendant was leaving the store with only one point of approximately 48,000 market prices owned by the victim; (c) D used part of the goods displayed at the site; and (d) dried up to C; and (c) C used them as part of the goods displayed at the site; and (d) C used them in a way that they were put into a bank in preparation for it and came out, and came out, by means of entering them in a bank, and coming out, and coming out.

Accordingly, the Defendant, together with C and D, stolen the total amount of KRW 202,50 in the market price over two occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Results of this Court’s verification of CCTV recording data CDs;

1. Partial statement of the defendant in the suspect examination protocol against the defendant;

1. Each police statement made to H and F;

1. Police seizure records;

1. Application of Acts and subordinate statutes to CCTV photographs and CCTV white data at the time;

1. Article 331 (2) and (1) of the Criminal Act by universal title to the relevant criminal facts;

1. It shall be decided as ordered by the court on the grounds of Article 62 (1) of the Criminal Act (the fact that there is no past record of sentence imposed for the same kind of crime, and all other circumstances such as the family character, character and conduct of the defendant);

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